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An Introduction to Constitution

Subject: Social Studies

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Overview

The constitution is essential for the preservation of people’s rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal. This note introduces us with the concept of constitution.
An Introduction to Constitution

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Success follows any programmes if its prescribed rules are followed properly. Similar is the case with the administration of a country because we find that all the countries at large, except England, have written constitutions to have their affairs run properly. Although England has no written constitution to follow, it works with conventional laws founded from the early times. The constitution of the United States of America, adopted in 1787, is the oldest of all. Constitution is amended and perfected as per the changes in circumstances and necessities.

We find that a constitution of the country embodies a basic point laid in it, which defines the system or the form of the government it has- unitary or federal, dictatorial or democratic, etc. Since a constitution is the most authentic political and legal document of the land, it limits the power of government, protects people's rights and delegated power between different offices. The constitution is the supreme law of the country and all other laws are subordinate to it. Any laws inconsistent with the constitution are declared void to the level of their inconsistency.


Functions of Constitution

The following are the functions of constitution:

  • The constitution of a country limits the power of the government.
  • It legitimates the functions of the state.
  • It guarantees the rights of the people.
  • It also determines the structure of the government.
  • It makes the country rules responsible towards citizens.

Features of an ideal constitution

  1. Clarity
    All articles and clauses of a constitution should be clear and free from ambiguity and contradiction. A Clear explanation should be included when needed so as to avert such possibilities. Lack of such clarity in the 1990 constitution of Nepal brought about several constitutional complications and ultimately suspension of the same.
  2. Changeability
    A constitution made in a circumstance might turn unfit in another circumstance. So it should be made provision for its amendment that is needed according to time, circumstances, will of the people and need of the nation. Otherwise, it may be rigid and unsuccessful.
  3. Universality
    An ideal constitution, though short, includes all major provisions related to the system of government, distribution of power, fundamental rights, etc. It must have widest possible coverage.
  4. Conciseness
    A constitution is not everything but the fundamental basis for all other subordinate laws. It should have wide coverage but should not be very lengthy.
  5. Separation of power
    According to Montesquieu, a famous French philosopher, power should be duly separated in order to prevent absolutism. No matter how efficient the ruler is, sooner or later he becomes a dictator and breaches the constitution if all the powers are given. So an ideal constitution makes a clear distribution of power into executive, legislative and judiciary and keeps these organs interdependent and self-restrained.
  6. Respect for a public wish
    A good constitution is prepared according to the wish of the general public. It aims at promotion the public welfare. In turn, this helps to ensure the successful working of the constitution.
  7. Provision of fundamental rights
    Fundamental rights of people should be guaranteed by the constitution. It should also provide for the measures for the restoration and preservation of such rights.
  8. Independent judicature
    A good constitution establishes judiciary as a fully independent and efficient organ. Rule of Law should be ensured. Without the rule of law, public welfare cannot be guaranteed.

Bases of Constitution Drafting

The following are the bases for drafting the constitution:

  • The constitution must me made according to the need and will of the people.
  • The constitution must reflect the uniqueness of the country.
  • The constitution should be made by the public as their sentiments should also be considered.
  • While drafting the constitution, the factors such as culture, population, state geography, etc. must be avoided.

Types of Constitution

Generally, constitution is of two types as:

  • Written Constitution
  • Unwritten Constitution

Britain is being governed according to the prevailing practices, traditions, norms, and values. Thus, there is no written constitution in Britain. Other countries except Britain have written constitution. The USA drafted its constitution in 1787 AD which is the oldest constitution of the world.

A constitution provides for the chief organs of government, like the executive, legislative and judiciary, their power sharing and guarantees for the people's fundamental rights. The constitution is formulated with due regards to the people's rights and their will and the need of the nation. It reflects the characteristics and aspirations of the state. The constitution is essential for the preservation of people's rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal.

Things to remember
  • The constitution of the United States of America, adopted in 1787, is the oldest of all.
  • The constitution is essential for the preservation of people’s rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal.
  • Features of an ideal constitution are Clarity, Changeability, Universality, Conciseness, separation of power, Respect for a public wish, Provision of fundamental rights and Independent judicature.
  • It includes every relationship which established among the people.
  • There can be more than one community in a society. Community smaller than society.
  • It is a network of social relationships which cannot see or touched.
  • common interests and common objectives are not necessary for society.
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What is a Constitution?
What is Constitution?
Questions and Answers

The fundamental or basic law of the nation which preserves the rights and gives justice to people and directs the nation to a specific goal is called constitution.

England that follows the best democratic norms in the world has no written constitution because it works with the conventional laws founded from the early times.

Constitution reflects the characteristics and aspirations of the state as constitution provides for the chief organs of the government, like the executive, legislative and judiciary and guarantees for the people with fundamental rights. It also formulates action regarding the people's rights and the need of the nation. It acts as a backbone for the development of the country and depends on how the laws are formulated and carried out.

Constitution should be formulated according to the public will as constitution is for the preservation of people's rights and justice, to fulfill the wish of people and direct the nation to a specific goal.

Peoples power is similar to government power as they both are trying to preserve the rights and wishes of people and direct the nation to a specific goal.
People's power and government power is different as in people's power, the rules and regulation are made by themselves but in government's power the authority of making the rules and regulation is given to a group or a person.

According to me, the most important features of an ideal constitution are given below:
  • Universality: A constitution should have widest possible coverage to develop people equally. It should include all the major provisions related to the system of government, fundamental rights, distribution of power etc.
  • Respect for public wish: A constitution is made for preserving people's rights and justice. Therefore the constitution should be aiming to promote public welfare.
  • Provision of fundamental rights: A constitution should guarantee the rights of people. The measures for restoration and preservation of such rights should also be provided.

The rule of law is the type of governance system, which is built according to the common will and wish of the people for social, economic, cultural and political justice for all.

The first ever written and the most rigid constitution is that of United States of America.

Constitution is the main law of a country. The laws of the nation depend on the written constitution of the nation. It is said that the constitution is the mirror of the nation because the rule of the nation will be as the written constitution of Nepal. It gives the validity to the power of the nation as it is mentioned in the constitution. No one will be greater than constitution. It fixes the shape and size of the government. The co-ordination organs are determined by the constitution. Any law against the constitution is not accepted. The constitution plays the leading role in rules and regulations. So, it is called the fundamental law of a country.

If I am involved to construct the new constitution of new Nepal, I could finalize the draft of the constitution in following ways:
a. I would take and collect the opinions and ideas of the people in the different places.
b. I would ask the problems of different castes, groups, ethnic groups and back warded classes.
c. I would draw the points from the raw data and make a list.
d. I would discuss with the other members of the drafting committee.

Government's power is governance power and people's power is the power to select the best possible representatives for the best leadership of a democratic country. These powers have the following similarities and dissimilarities.

Similarities Dissimilarities
Government and people both work as per subject's will. Government can change but people remain the same.
Both can punish the people who are against the country's development or are unwanted elements of the country. Government's power is not only directed by laws but people's power is directed by the laws. People can protest against governance, laws and even constitution if they are unfriendly with them.
National development, security, prosperity, independence, etc. are the common goals of government and people. People can form a government but government cannot form people.
The function of constitution as follows:
  • It margins the power of government.
  • It determines the form of government.
  • It determines the power between the different organs of the government.
  • It protects the rights of people.
  • It manages the ways of utilizing state power.

When I asked the meaning of constitution to the intellectuals, lawmakers and gentleman of my community they gave the following answers:
Intellectuals: Constitution is the supreme law of the country being governed. It represents wishes of all the people and divides the power among the organs of the government.
Lawmakers: Constitution is the fundamental law of the country, which records the fundamental principles according to which a country is governed.
Gentlemen: A constitution is a document that records the fundamental principles to govern, develop and sustain the country.
Layman: It is the fundamental law of the country.
Farmer: It is the law prepared for the development of a country.
My view: Constitution is the supreme law of the land according to which a country is governed. It represents all the people, promotes and preserves nationality, national integrity, religious diversity, independence and indivisibility. It distributes the power of the government among its organs.
Conclusion: constitution is a document of the land that records the fundamental principles according to which a country is governed. It determines the structure of the government as well as legalizes its power by defining it. It limits the power of the government, protects the people's right, distributes the power among the organs of the government, manages the use of state authority, and protects the rights of the government as that of people.

The following are the bases for drafting the constitution:

  • The constitution must me made according to the need and will of the people.
  • The constitution must reflect the uniqueness of the country.
  • The constitution should be made by the public as their sentiments should also be considered.
  • While drafting the constitution, the factors such as culture, population, state geography, etc. must be avoided.

There are two types of constitution. They are:

  • Written Constitution
  • Unwritten Constitution

Constitution is the main law of the nation. The law of nation totally depends on the written constitution of any nation . It is said that constitution is called the mirror of the nation because the rule of law will be as the written constitution . It gives validity to the power of the nation . No one will be greater than the constitution . It fixes the shape and sizes of government . The coordination organs are determined by the constitution . The constitution plays leading role in rules and regulations . So , the constitution is called the main law of the nation .

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